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HOFFEND INC. v. ROSE & KIERNAN

7 N.Y.3d 152 (2006)

851 N.E.2d 1149

818 N.Y.S.2d 798

HOFFEND & SONS, INC., Appellant, v. ROSE & KIERNAN, INC., et al., Respondents.

Court of Appeals of New York.

Decided June 8, 2006.

Attorney(s) appearing for the Case

Hiscock & Barclay, LLP, Rochester (Anthony J. Piazza, Joseph A. Wilson and Paul A. Sanders of counsel), for appellant.

Lustig & Brown, LLP, Buffalo (R. Scott Atwater, James C. Keidel, Jonathan Schapp and Randolph E. Sarnacki of counsel), for respondents.

Chief Judge KAYE and Judges G.B. SMITH, CIPARICK, GRAFFEO, READ and R.S. SMITH concur.

OPINION OF THE COURT

ROSENBLATT, J.

The appeal before us involves a suit by a policyholder against its insurance broker, contending that the broker did not obtain a policy that would have covered the loss involved. We hold that, as a matter of law, the policyholder did not establish that it made a specific request for the coverage in question or that it had a special relationship with the broker. Accordingly...

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